Joint Legislative Committee on Administrative Rules
Action Minutes
OCTOBER 27, 2005
Members Present: Representatives
Patten,
(**) Indicates where Part 1, Article 28-a was an
issue in the Committee’s discussions or decisions in this meeting. (See Items #7 and #9, #10 - #18, and
#20. The rule discussed in Items #7 and
#9 was approved. The rules in Items #11 and #12 received a preliminary
objection. The rules in Items #13 - #18
and #20 were approved.)
1. The meeting was convened at 9:20 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps.
Taylor, Wall, Millham, and Pilotte, and Sen. Flanders.
2. The Committee discussed the minutes of the regular
Committee Meeting on October 20, 2005.
Rep. Taylor moved that the minutes be approved.
Rep. Wall seconded.
Rep. Patten appointed Rep. Pilotte and Rep.
Millham as alternates, respectively, for Rep. Allan and Rep. Bicknell, who were
absent.
The motion was adopted.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
No
action to postpone was taken at this time.
4. The
Committee discussed Final Proposal 2005-78 from the Oil Fund Disbursement Board
(Oil Fund Disbursement Board Procedures).
Timothy Denison of the Department of Environmental Services testified
for the Board.
The Board had requested a conditional
approval in a letter and attached rule dated October 14, 2005.
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2005-78 on
the grounds as requested by the agency.
Rep.
Wall seconded.
Adopted.
5. The
Committee discussed Final Proposal 2005-79 from the Oil Fund Disbursement Board
(Rules for Reimbursement, Repeal of Rules For Reimbursement Under RSA
146-G). Timothy Denison of the
Department of Environmental Services testified for the Board.
The
Board had requested a conditional approval in a letter and attached rule dated
October 14, 2005.
Rep. Taylor moved that the Committee conditionally
approved Final Proposal 2005-79 as requested.
Rep. Wall seconded.
Adopted.
6. The
Committee discussed Final Proposal 2005-75 from the Banking Department
(Amendments to Bylaws). Donna Soucy
testified for the agency.
Donna
Soucy had requested a conditional approval, on behalf of the agency, in a
letter dated October 20, 2005 and attached rule.
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2005-75 as requested.
Rep. Wall seconded.
Adopted.
**7. The Committee discussed Final Proposal
2005-160 from the Passenger Tramway Safety Board (Fee Increase Rule.
Since the agency representative was not yet
present, the Committee discussed the next item.
8. The Committee discussed Final Proposal
2005-147 from the Insurance Department (Ins 2400 Actuarial Opinion and
Memorandum). Deborah O’Loughlin and
Thomas Burke testified for the agency.
The agency requested a conditional approval
to insert language to conform to the model of the National Association of
Insurance Commissioners (NAIC) in Ins 2401.05 (b)(7) and Ins 2401.05 (b)(1).
Rep. Patten moved that the Committee
conditionally approve Final Proposal 2005-147 as requested.
Rep. Millham seconded.
Adopted.
**9. The Committee discussed again Final Proposal
2005-160 from the Passenger Tramway Safety Board (Fee Increase Rule). Marta Modigliani from the Department of
Safety testified for the Board.
Rep. Millham moved that the Committee
approve Final Proposal 2005-160.
Rep. Wall seconded.
Adopted.
**10. The Committee discussed Part 1, Article 28-a of
the N.H. Constitution relative to Final Proposal
2005-124
of the Department of Environmental Services (Division of Water, Drinking Water
Standards) and other final proposals from the Department.
No action was taken at this time.
**11. The Committee discussed the following final
proposals from the Department of Environmental Services:
|
FP 2005-125 |
Division of Water Variance, Exception, and BAT Rules |
|
FP 2005-129 |
Division of Water Design Standards for Small Community Public Water Systems |
|
FP 2005-130 |
Division of Water Design Standards for Non-Community Public Water Systems |
|
FP 2005-132 |
Division of Water Protecting the Purity of Regulated Watersheds |
|
FP 2005-134 |
Division of Water Introduction to Public Drinking Water Rules |
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|
Gretchen Hamel testified for the Department.
Sen. Clegg arrived as the discussion on
these final proposals began.
Rep.
Taylor moved that the Committee make a preliminary objection to Final Proposals
2005-129, 130, 132, and 134 on the grounds as outlined in the annotations to
the final proposals by Committee Attorney Eldridge-Banack.
Rep. Wall seconded.
Adopted.
**12. The Committee discussed again Final Proposal
2005-125 from the Department of Environmental Services (Division of Water, Variance,
Exception, and BAT Rules). Gretchen
Hamel testified for the agency.
Rep.
Taylor moved that the Committee make a preliminary objection to Final Proposal
2005-125 on the grounds as outlined in the testimony of Gretchen Hamel relative
to Env-Ws 344.01 and in the annotations to the final proposal by Committee
Attorney Eldridge-Banack.
Rep. Wall seconded.
Adopted.
**13. The Committee discussed Final Proposal
2005-124 from the Department of Environmental Services (Division of Water,
Drinking Water Quality Standards).
Gretchen Hamel testified for the agency.
Rep. Taylor moved that the Committee
approve Final Proposal 2005-124.
Rep. Pilotte seconded.
Adoped.
**14. The Committee discussed Final Proposal
2005-126 from the Department of Environmental Services (Division of Water,
General Operating Requirements for Public Water Systems). Gretchen Hamel testified for the agency.
Rep. Taylor moved that the Committee
approve Final Proposal 2005-126.
Rep. Wall seconded.
Adoped.
**15. The Committee discussed Final Proposal
2005-127 from the Department of Environmental Services (Division of Water,
Backflow Prevention). Gretchen Hamel
testified for the agency.
Sen. Clegg moved that the Committee approve
Final Proposal 2005-127.
Sen. Flanders seconded.
Adopted.
Rep. Patten noted for the record that Rep. Pilotte voted “no”.
**16. The Committee discussed Final Proposal
2005-128 from the Department of Environmental Services (Division of Water,
General Design Standards: Systems
Servicing 1,000 or More People).
Gretchen Hamel testified for the agency.
Sen. Flanders moved that the Committee
approve Final Proposal 2005-128.
Rep. Wall seconded.
Adopted.
**17. The Committee discussed Final Proposal
2005-131 from the Department of Environmental Services (Division of Water,
Design Standards for Large Public Water Systems). Gretchen Hamel testified for the agency.
Rep. Taylor moved that the Committee
approve Final Proposal 2005-131.
Rep. Pilotte seconded.
Adopted.
**18. The Committee discussed Final Proposal
2005-133 from the Department of Environmental Services (Division of Water,
Public Water Supply Grants). Gretchen
Hamel testified for the agency.
Rep. Millham moved that the Committee
approve Final Proposal 2005-133.
Sen. Flanders seconded.
Adopted.
19.After
a break, with Reps. Patten,
The
Department had requested a conditional approval in a letter and attached rules
dated October 26, 2005.
Rep.
Pilotte moved that the Committee conditionally approve Final Proposal 2005-53
as requested by the agency and upon the condition that He-P 4021.14 (b)(21) and
(b)(5) be amended to insert the language from He-P 4021.07(i).
Rep.
Taylor seconded.
Adopted.
**20. The Committee discussed Final Proposal
2005-151 from the Department of Health and Human Services (Division of Elderly
and Adult Services, Reserved Bed Days).
Mary McGuire and Susan Lombard testified for the agency.
Sen. Clegg moved that the Committee approve
Final Proposal 2005-151.
Sen. Flanders seconded.
Adopted.
21.The Committee discussed Final Proposal
2005-149 from the Department of Health and Human Services (Former Division of
Public Health Services, Crematory Regulations).
Kathryn Frey and Mary Castelli testified for the agency.
The Department had requested a conditional
approval in a letter and attached rules dated October 26, 2005.
David Pollard, representing the N.H. Funeral
Directors Association, registered his support of the rules but did not speak.
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2005-149 as requested.
Rep. Wall seconded.
Adopted.
22.The Committee discussed Final Proposal
2005-150 from the Department of Health and Human Services (Former Division of
Public Health Services, Newborn Screening and Newborn Hearing Screening). Lisabritt Solsky and Joan Ascheim testified
for the agency.
The Department had requested a conditional
approval in a letter and attached rule dated October 26, 2005.
Donald Kreis, representing himself, testified
in support of the rules.
Sen. Clegg moved that the Committee make a
preliminary objection to Final Proposal 2005-150 on the grounds as outlined in
the annotations to the final proposal by Committee Attorney Morrell.
Rep. Taylor seconded.
Adopted.
23.Rep. Pilottee moved that the Committee
adjourn.
Rep. Taylor seconded.
Adopted, effectively postponing consideration
of the following items to the regular Committee meeting on November 17, 2005:
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17. Remaining Responses to Preliminary
Objections Made in September 16, 2005 Meeting But Not Yet Received by
Committee Staff. (JLCAR Deadline December 20, 2005) |
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(a) OR 2005-48 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Requirements for the Control of Radiation and Use of Radioactive Material |
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18. Remaining Responses to Preliminary
Objections Made in September 29, 2005 Meeting But Not Yet Received by
Committee Staff. (JLCAR Deadline January 3, 2006) |
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(a) OR 2005-88 |
BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Licensing Requirements |
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OTHER BUSINESS |
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19. Other |
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The Committee adjourned at 12:06 p.m.